Covenants to Be Sued Last and Exhaustion of Patent Rights.

Journal article

1 online resource (pages 1068–1073)

Code of Civil Procedure, Sec. 138(4); Patent Act, Sec. 14 ‒ CQI Report II Official headnotes (translated from the German by David Wright) a) The question whether and to what extent rights under a patent are exhausted by putting products on the market is to be assessed according to the law of the country of protection (supplement to decision of the Federal Supreme Court, 22 February 2022 – X ZR 103/19, GRUR 2022, 1209 para. 42 – Bakterienkultivierung). b) A covenant not to sue generally leads to the exhaustion of rights with regard to products put on the market on this basis. c) As to the question whether a covenant to be sued last leads to exhaustion, it is of particular importance whether the contracting party, in the normally expected course of events, is at risk of being held liable by the patent proprietor for infringement of the patent. d) Consent to the placing on the market of a product may be deemed to be consent to the placing on the market of a larger device incorporating it, if this is the only commercially reasonable use.

Crossref

GRUR International, 2632-8550 ; 72, 11, 2023.

[Oxford, England] : Oxford University Press (OUP), 2023

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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